Florida Annulment: What Does it Mean?
An annulment (or nullity) is a Court Judgment that voids or nullifies a marriage. An annulment differs from a divorce in that a divorce terminates a valid marriage whereas an annulment deems that the marriage was never valid or "void" in the first place. Most annulments in Florida are based upon two main Florida statutes. You can read the full text of these two statutes are Florida Statutes 725.01 and 742.091.
Florida Statute 725.01 provides:
Put another way , one or both parties need not have capacity to get married and/or there needs to be some issue of misrepresentation for a party to bring an annulment action. Florida Statute 742.091 deals with parties to marriage that are both under age 18 or where one party is under age 18 and both parties are over the age of 1971 or where one party is over the age of 1971 and the other party is under the age of 18. It provides:
Although the Florida Legislature specifically defines annulment in two separate statutes, the reasons behind getting an annulment go far beyond the scope of those two statutes. Some reasons include:
A legal annulment terminates a marriage prospectively. This means it can affect property rights, spousal support, alimony, and child custody and support issues. An annulment also may return spousal names to maiden names and affect any previous name changes. Where an annulment is available it can be of far greater benefit than getting a divorce.
Grounds for Annulment in Florida
To qualify for an annulment in Florida, there are specific legal grounds you need to meet to be able to petition the court to have your marriage declared void. This section may be less confusing if you think of the grounds as specific facts you need to prove to have an annulment. If you cannot prove the grounds for an annulment, the court cannot grant a nullification. There are five recognized grounds for annulment:
Fraud: In general, is when one party has deceived the other into the marriage. For example, if a spouse only marries the other in order to avoid immigration consequences.
Duress: Coercion, force or pressure that tricks a spouse into the marriage.
Bigamy: This is perhaps the most obvious ground for an annulment. If you or one of your spouses is still legally married to someone else, the second marriage is not valid in Florida.
Impotence: If one of the spouses was impotent at the time of the marriage, the other is entitled to an annulment.
Underage Marriage: Florida recognizes any marriage in which one or both of the spouses is underage at the time of the marriage and without a valid exception. The minimum legal marriage age in Florida is 18. A person who is age 17 can get married if they have parental consent. A person under age 17 can get married with dual parental consent and a judicial waiver.
This is not a complete list. Other grounds for annulment exist and additional grounds arise when people petition the court for a nullification.
How to Get an Annulment in Florida
A petition for annulment is the legal action taken to request an annulment. A few types of legal documents will have to be filed with the Clerk of Courts to initiate this action. The procedure to file an annulment is as follows: First of all, you will have to file the petition to annul your marriage with the court, and you will have to pay a filing fee. Along with the petition, you will need to include the marriage certificate, proof of residence, an affidavit ("Official Commission") of parties, summons for annulment petition, summons for dissolution of marriage, and a praecipe. Second, after the annulment petition has been filed, the next step in the annulment process is serving the annulment petition on your spouse, and they will have 20 days to respond with a counter-petition that requests that the court grant a divorce instead of an annulment. If a counter-petition is filed, you will have 20 days to respond. Regardless of whether a counter-petition is filed or not, you will have to make one court appearance. In order to have your annulment granted, you must prove to the court that certain qualifications for annulment are met.
The Impact of an Annulment
The annulment process is a legal action that brings to an end a marriage. As a result, nullification is similar to divorce in that it terminates the legal relationship between the spouses. However, annulment is also more than that. When it is granted, the result is that the entire marriage is deemed never to have existed. Because of this, the consequences of annulment are often different from those stemming from divorce. When you seek a divorce, the court will decide upon the matters about which the spouses disagree. If they cannot come to terms, these issues are left in control of the court . This means that child custody, property division and spousal support will be dictated by the judge. However, with annulment there is not as much left to the discretion of the court. Only the following issues will be taken into account: Because an annulment proceeds as if the marriage never took place, a court will not consider what property was obtained, debts entered into or children conceived during the marriage, as these would not exist had the marriage never occurred. This is the most significant difference from divorce, where the court would attempt to divide all assets and address any debts entered into or children born as a result of the marriage.
Pitfalls in Getting an Annulment
Florida has strict guidelines concerning the annulment of a marriage, and it can be difficult to determine your eligibility for one. Even if you do qualify, the process can actually turn out to be more challenging and time-consuming than pursuing a divorce. While annulments are designed to legally nullify a marriage, eliminating the need to divide assets and liabilities, matters such as alimony and child support are still handled in court. Again, this occasionally results in the reconsideration of prior arrangements on the division of property. Certain grounds for an annulment may render you ineligible, while mitigating circumstances can cause an annulment to take longer than expected. There are additional issues that can make the process difficult: An annulment is an option for couples who are ineligible for a divorce. While a divorce is typically the preferred method to end a marriage, in rare cases an annulment is the only option. For this reason, some couples with a short-term marriage choose the annulment process in the hope of having the same outcome as a divorce. Rather than evaluating whether or not you have a valid reason to get divorced, however, a judge considers why you should be granted one. In many cases, the process you select to end your marriage is completely at your discretion. However, you should consider the distinct differences between annulments and divorce in Florida and what to expect when you pursue either option.
Legal Representation and Considerations
Given the complexities involved in an annulment, it pays wisdom to seek assistance of a qualified lawyer in this matter. Your lawyer will be in a position to help you avoid costly pitfalls that may arise in the course of your proceeding. Here are three (3) important reasons for which you may want to consult a lawyer:
1 . Whenever applicable, your lawyer will always advise you of any property, child custody or support issues before filing the annulment, and he or she will do their best to help you resolve these issues without the need to commence an action in separate court;
2. Your lawyer will be able to advise you of the prospect for an annulment in your particular case based on the evidence and applicable law; and
3. Your lawyer will be able to advise you of divorce as an alternative to annulment and that divorce is appropriate in a more traditional circumstances.